Month: February 2019

You didn’t have to see every minute of Michael Cohen’s Congressional testimony today to acknowledge it was some of the best political theater in many years. You might also think it was damnably condemnatory of his former boss, Donald Trump, who he called a racist, and a con man, and a cheat…which are things many Americans already believed about their president, but still: Cohen’s lied to Congress before and that needs to be kept in mind:

I know it's the last best option, but it still amazes me that "This guy who was my personal fixer until less than a year ago is an obvious criminal liar!" is the line that's supposed to clear up all these scandals

Fact is, wasn’t so long ago that many Republicans stood by Cohen’s word…although he was saying other words at the time:

A liar. A cheat. A conman. Americans are right to ask — who was Cohen talking about? Himself or the president? After all only Cohen has been convicted. OTOH GOP is foolish in its speed to impugn the witness to forget that he did all of those things working FOR the president.

There was one difference today: Cohen was a liar…who brought some evidence:

Yes, it's clear #MichaelCohen lied in the past, but to the extent that he presents hard evidence, the committee must take it seriously. If the norms of behavior had been followed by anyone in this sordid situation, we wouldn't be here today. #MichaelCohenTestimony

I was wondering how it was ethical for a lawyer to provide this kind of testimony against a client, but I didn’t know this:

There *is* an exception to attorney-client privilege, though rarely enforced because of the burden of proof to get there: If the attorney and client are engaged together in conduct that is itself a crime.

Cohen is admitting to such activities, so he's not breaking the privilege.

So for my quick review: the Republicans didn’t cover themselves in glory today:

The Republicans are yelling, the Dems and Cohen are calm. This isn't about the substance of things, but the dramatic overall impression is that the Republicans are defensive, furious and also their hair is on fire.

…even if Trump supporters want to ignore the documentary evidence (like the GOP members did):

The worst "take" is this doesn't matter cause it won't change anyone's mind. This is unprecedented, stunning evidence for which we know there's corroboration that Trump has consistently lied and committed financial crimes. AND all one party can do is defend him. THIS is historic.

Like this:

Our weather has been pretty consistently dreary for weeks on end now, long enough so that I don’t know for sure how many weekends it’s been since I was able to go stand in the sun and club the life out of some perfectly innocent golf balls that have never done anything to me. The forecast is that the weather will start looking better next week, and I hope that comes true. In the news, there are a lot of predictions about the good possibility that the special counsel’s investigation of Russian interference into the 2016 elections (and related matters) may be very close to ending; that would be even better news.

I want to know what Robert Mueller’s investigators have found about how Russia interfered in the 2016 election, and maybe the 2018 midterms, too. There isn’t any real doubt that Russia was involved in an organized effort to keep Hillary Clinton from being elected president, and I want all the evidence lined up for us all to see. Even if the Trump campaign and the Trump family were in no way at all complicit or cooperative with the Russian effort, we need to publicly recognize that our country was attacked by a foreign power and be better prepared to withstand that attack the next time it comes. (You’d think that a president of the United States would agree with that, and say so; do you wonder why this one doesn’t?)

There’s a lingering perception that once Mueller delivers his report, the Trump era will end in a cloud of white smoke and glitter. It’s a nice fantasy—the one in which Mueller, armed with Truth and Fact, finishes off the Trump presidency with a ride through the Capitol on a white unicorn, scattering indictments and the seeds of impeachment, in a conclusive and irrefutable wrapup of the two-year probe.

For those who have been collecting the Mueller memes and the T-shirts and the mugs, and who are waiting breathlessly for his conclusions, there’s a very reasonable chance that major disappointment looms. The Mueller report is unlikely to provide a perfectly binary call to arms. He is amassing facts on a limited series of questions. Some of those facts will make their way to the public, but many will not. Congress will make decisions on how best to proceed. There is going to be a torrent of “no collusion/fake news” out of the White House. What comes next may not be perfectly certain.

Instead of “waiting for Mueller” to take action, we should perhaps realize that we largely know what’s happened: Four people who worked on Trump’s 2016 campaign have either faced conviction or indictment for their involvement with Russian actors, or for lying about it. There’s a case to be made that Jared Kushner or Donald Trump Jr. could face charges. It’s surely true that should any such thing happen, life will grow infinitely more complicated for the Trump administration.

But it’s also true that this administration has thrived in part because too many people have been waiting for Robert Mueller to formally say what we already know to be true: The levels of corruption, conflict of interest, and untruth in this administration are without parallel. What we saw at Helsinki was without parallel, what was done to Jamal Khashoggi and the refusal to address it is without parallel, threats of “retaliation” against the press are without parallel. We don’t need to read this in a report. We live it every day.

(Hey, this could be fun, and cathartic, too: go to the comments and fill in the blank to extend Lithwick’s thought: “The ______ we have seen during the Trump campaign and presidency have been without parallel.” Keep it clean and I’ll post ’em all.)

Mueller’s job was and is to investigate, not to prosecute or impeach or even to tell the rest of us what to do. Lithwick again:

We want Mueller to be both the guy who knows everything and the guy who does everything. It obviates anyone else from needing to know what we already know and do what needs doing. But going into the next few fateful days, my sense is that we might want to stop investing too much hope in great men, and superheroes, and saviors. Instead, we should remember that it is our job to insist that we, and our public officials, must be the Muellers we hope to see in the world.

The action that comes next is up to us, and to the people we elected to Congress. It’s not surprising that Republicans in Congress would want to support a Republican president and his goals and actions, but party political success is not (supposed to be) the primary reason they are there: it’s to represent us and our interests, and the Constitution, even when that means challenging the president. The Constitution establishes each of the three branches of government to provide checks and balances on the other two.

That’s the major theme of an open letter from Democrat Adam Schiff, published this week in the Washington Post. The chairman of the House Intelligence Committee reminds his colleagues that the responsibilities of their offices go deeper than just supporting the president, especially when our country is under attack.

For the past two years, we have examined Russia’s interference in the 2016 election and its attempts to influence the 2018 midterms. Moscow’s effort to undermine our democracy was spectacularly successful in inflaming racial, ethnic and other divides in our society and turning American against American.

But the attack on our democracy had its limits. Russian President Vladimir Putin could not lead us to distrust our own intelligence agencies or the FBI. He could not cause us to view our own free press as an enemy of the people. He could not undermine the independence of the Justice Department or denigrate judges. Only we could do that to ourselves. [emphasis added] Although many forces have contributed to the decline in public confidence in our institutions, one force stands out as an accelerant, like gas on a fire. And try as some of us might to avoid invoking the arsonist’s name, we must say it.

I speak, of course, of our president, Donald Trump.

The president has just declared a national emergency to subvert the will of Congress and appropriate billions of dollars for a border wall that Congress has explicitly refused to fund. Whether you support the border wall or oppose it, you should be deeply troubled by the president’s intent to obtain it through a plainly unconstitutional abuse of power.

To my Republican colleagues: When the president attacked the independence of the Justice Department by intervening in a case in which he is implicated, you did not speak out. When he attacked the press as the enemy of the people, you again were silent. When he targeted the judiciary, labeling judges and decisions he didn’t like as illegitimate, we heard not a word. And now he comes for Congress, the first branch of government, seeking to strip it of its greatest power, that of the purse.

Many of you have acknowledged your deep misgivings about the president in quiet conversations over the past two years. You have bemoaned his lack of decency, character and integrity. You have deplored his fundamental inability to tell the truth. But for reasons that are all too easy to comprehend, you have chosen to keep your misgivings and your rising alarm private.

That must end. The time for silent disagreement is over. You must speak out.

This will require courage. The president is popular among your base, which revels in his vindictive and personal attacks on members of his own party, even giants such as the late senator John McCain. Speaking up risks a primary challenge or accusations of disloyalty. But such acts of independence are the most profound demonstrations of loyalty to country.

Special counsel Robert S. Mueller III may soon conclude his investigation and report. Depending on what is in that report and what we find in our own investigations, our nation may face an even greater challenge. While I am alarmed at what we have already seen and found of the president’s conduct and that of his campaign, I continue to reserve judgment about what consequences should flow from our eventual findings. I ask you to do the same.

If we cannot rise to the defense of our democracy now, in the face of a plainly unconstitutional aggrandizement of presidential power, what hope can we have that we will do so with the far greater decisions that could be yet to come?

Although these times pose unprecedented challenges, we have been through worse. The divisions during the Vietnam War and the civil rights movement were just as grave and far more deadly. The Depression and World War II were far more consequential. And nothing can compare to the searing experience of the Civil War.

If Abraham Lincoln, the father of the Republican Party, could be hopeful that our bonds of affection would be strained but not broken by a war that pitted brother against brother, surely America can come together once more. But as long as we must endure the present trial, history compels us to speak, and act, our conscience, Republicans and Democrats alike.